In the event of a break-up, dividing up furniture, childcare and their expenses is not easy.
But in a climate of domestic violence, it can become downright hellish. The tax authorities, however, expect the former spouses to agree on the sharing of certain tax credits, otherwise they will be punished.
“How do you get agreement from a man who is abusing you?” », Asks a mother who will be called Isabelle for obvious reasons. Separated from the father of her disabled child who causes her significant expenses, she wonders about the reasoning of the Canadian government in matters of taxation. To be more precise, she wants to denounce him.
In the context where domestic violence has never been as topical as in the past year, his cry from the heart seems most relevant to me.
What you should know is that separated parents can share certain tax credits, such as that for childcare expenses, for example, and receive their half of the Canada Child Benefit (in a childcare situation). shared 50-50).
But another credit offered by Ottawa doesn’t work the same: the amount for an eligible dependent. “You have to decide together who will ask, otherwise none of you will be entitled,” warns the government on its website. In short, this credit, unlike others, is not shareable, for a reason that is not specified. As for the amount for disabled people transferred from a dependent, Isabelle will only be able to obtain it if she receives the amount for a dependent.
As tax season approaches, the mother fears that she will be deprived of the thousands of dollars that these two credits would give her since a deal with her ex seems impossible. Nothing can prevent the gentleman from claiming the credits to harm him financially or to take revenge, a classic case of economic violence. A separation agreement drafted in mediation could have provided for this kind of thing, but the ex-couple does not have one.
Moreover, mediation is not recommended in a context of domestic violence.
The notary and mediator Lili Beka, who works for the legal information organization in family law Inform’elle, in Montérégie, recalls that violence is control, force. However, for mediation to work, we must talk to each other in good faith and in an egalitarian manner.
“It rarely happens that we make a deal. There is too much intimidation, there is too much fear, ”she reports. Also, “women accept a lot of compromises in order to have peace”. The ideal is therefore to have recourse to the services of a lawyer, affirms Mr.me Beka, while being aware that this can sometimes be too expensive. This is also the reason why Isabelle has never appeared before a judge.
When the parents agree, one of the solutions to obtain credits for dependent and disabled person is to apply for them alternately. The father claims them for even years (a tip to remember) and the mother for odd years. If you have two children, each parent claims one child’s credit (s). If one in two children is disabled, or if we have three children, we will also have to agree on a principle of alternation for the sake of equity.
All this should normally be addressed by mediators and be provided for in the agreements ratified by the Court in order to avoid misunderstandings and unnecessary conflicts. But it is not systematic, so it is better to point it out during the process.
Note that a parent who pays child support cannot claim the dependent amount. Only the parent who does not pay a pension can do so.
In addition, as soon as a separated parent becomes a common-law partner again (after a year of living together with a new love), he or she is no longer entitled to this credit offered only to single people.
Agreement with his ex or not, the tax specialist France Bourgie, of the firm Fiscalité Cible, recommends that separated parents consult the same professional to do their taxes. It is much simpler. It also allows for simulations to determine which parent should claim the various credits, the idea being to maximize the amount for the sake of the children. The parent who received the amount can then pay part of it to his or her ex-spouse. Otherwise, accountants will be able to call and pass on information on children’s medical expenses, for example.
Victims of domestic violence may dread the idea of hiring the same accountant. They will see the risk that their ex may thus obtain personal information about them. This scenario is however unlikely, assures France Bourgie, since professionals are bound by professional secrecy.
As for Isabelle, the tax expert suggests that she claim the two non-shareable credits, even if she cannot obtain the collaboration of her ex. “My experience is that in practice, women always have an advantage in this kind of situation. If Ottawa denies her the sums because they have been requested twice, she can then explain her specific situation and her chances of winning her case are good.
It’s sad, but separating from an abusive partner doesn’t always end heated discussions about money. If, at least, the tax authorities could make things easier …